The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor for eight months, and forty hours of lectures of compliance driving) is too uneasible and unfair.

2. Determination is an unfavorable condition that the Defendant committed the instant crime by driving a second-hand drinking or without a license even though he/she had been subject to punishment several times for the same type of crime, such as drinking and non-licensed driving, and that the amount of alcohol (0.214% alcohol concentration in blood) higher at the time of the commission of the crime.

However, in full view of all the circumstances in the record, including the fact that the Defendant recognized the facts charged, the fact that there is no criminal record other than the fine, the Defendant’s age, sex behavior, environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is unhurd and thus is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.